BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT:
Title
Conduct Hearing to Determine Whether Censure Is Appropriate for the Misconduct Substantiated in the December 22, 2023, Executive Summary of Investigative Report #2; Approve Appropriate Action to Take, if Any, in Response to Director Rebecca Eisenberg's Misconduct; and if Censure Action is Approved, Adopt Resolution of the Santa Clara Valley Water District Providing for the Censure of Director Rebecca Eisenberg.
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RECOMMENDATION:
Recommendation
A. Conduct Hearing to determine whether Censure of Director Rebecca Eisenberg is appropriate for the misconduct substantiated in the December 22, 2023, Executive Summary (Report #2) of Investigation into Allegations Made by Rick Callender, Carlos Orellana and other Employees against Director Rebecca Eisenberg;
B. Determine appropriate action, if any, in response to misconduct (Admonition, Sanction and Censure), if Censure action is approved, adopt RESOLUTION OF THE SANTA CLARA VALLEY WATER DISTRICT PROVIDING FOR THE CENSURE OF DIRECTOR REBECCA EISENBERG; and
C. Determine whether additional actions are appropriate.
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SUMMARY:
BACKGROUND
In response to memoranda from Rick Callender, Chief Executive Officer, to 2023 Board Chair John Varela in January and February 2023, outlining various complaints from Santa Clara Valley Water District (Valley Water) staff about Director Rebecca Eisenberg's alleged misconduct, 2023 Chair Varela, with input from the Board Ethics and Conduct Ad Hoc Committee (Committee), determined that an investigation into the alleged allegations was warranted, in accordance with Board Governance Policy Governance Process (GP)-6.11 through GP-6.15.
Since Valley Water's District Counsel Carlos Orellana was named as a complainant and therefore conflicted, Valley Water engaged Samantha Zutler, Attorney at Law, Burke, Williams, and Sorensen, LLP, to advise r...
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